17 Jan What Is The Cause Of Compensation Due To The Decrease In The Price Of The Vehicle In Traffic Accidents?
Damage to traffic accidents, especially motor vehicles, although repaired, may be devoid of;
The loss of value depends on the fact that ’the vehicle has not completed its economic life Değer, önce has not been interfered with an accident before and has not been repaired olarak and has been olarak carefully used Değer.
These elements should be evaluated especially according to the original (original) condition of motor vehicles, not only that they have been used for a certain period of time (age). For example, in a motor vehicle that has been used for the first time due to an accident that has not been repaired before and has been well preserved and preserved, there may be a loss of economic value, regardless of the age (age).
In the event of a malicious traffic accident, vehicle depreciation can be compensated in two ways. The first one is the general case and the second is the resolution of the dispute as a result of the application to the Insurance Arbitration Commission.
A-) GENERAL EXCHANGE ROAD
1-VEHICLE VALUE LOSS IN THE CASE OF DISCLAIMER:
According to Article 49 of the Code of Obligations, it is obliged to remedy this damage which is damaging to someone else by a flawed and unlawful act.
As a result of the traffic accident, the vehicle is covered by the insurance company within the scope of compulsory traffic insurance of the other party. However, if the accident is being processed for the damaged vehicle, the vehicle owner is asked to sell the vehicle. As a result, there is a difference in value between the same model brand and technique and the accident accident. In summary, the vehicle that has been damaged in the second hand market is not considered and the value of the sale is reduced and the value is lost.
If your vehicle has lost its value due to a traffic accident that has been damaged, you should open a vehicle compensation claim according to your defect rate. For example, the case which is caused by the accident and the owner of the vehicle that is 100% defective is rejected.
2-VEHICLE VALUE LOSS RESULT IN THE INDEMNIFICATION CASE:
As a result of a traffic accident, the value of the car compensation claims is an average of 9 months to 1.5 years.
If you have not rented a vehicle in the period you can not use your car, your vehicle is a commercial vehicle, you can use to compensate for the loss of the period you can not use.
3-THE VEHICLE VALUE LOSS REMEDIES
In the case of car depreciation compensation, the claim to the insurance company for compensation will, of course, be in favor of the claimant in terms of the solvency of the insurance company.
If the driver of the vehicle and the license holder are different in terms of compensation for the loss of value, a lawsuit may be filed against the driver and the license holder.
4-VEHICLE VALUE LOSS TO BE OPEN IN WHICH JUDGMENT
Pursuant to Article 2 of the HMK, in cases related to property rights, irrespective of the value and amount of the subject matter subject to litigation, the court of first instance is a court of first instance unless the court regulates the case.
Under the relevant regulation, the court will also be a court of first instance in the case of loss of value of the vehicle.
If the case of compensation against the insurance company to open the case of compensation in this case the court will be the Commercial Court of First Instance.
Again in the case of loss of vehicle value, the competent court will be determined in accordance with Article 16 of the HMK. Accordingly, the court of jurisdiction of the place where the wrongful act has been committed or where the damage has occurred or where it is likely to come is the court of jurisdiction.
amage to traffic accidents, especially motor vehicles, although repaired, may be devoid of;
The loss of value depends on the fact that ’the vehicle has not completed its economic life Değer, önce has not been interfered with an accident before and has not been repaired olarak and has been olarak carefully used Değer.
These elements should be evaluated especially according to the original (original) condition of motor vehicles, not only that they have been used for a certain period of time (age). For example, in a motor vehicle that has been used for the first time due to an accident that has not been repaired before and has been well preserved and preserved, there may be a loss of economic value, regardless of the age (age).
In the event of a malicious traffic accident, vehicle depreciation can be compensated in two ways. The first one is the general case and the second is the resolution of the dispute as a result of the application to the Insurance Arbitration Commission.
A-) GENERAL EXCHANGE ROAD
1-VEHICLE VALUE LOSS IN THE CASE OF DISCLAIMER:
According to Article 49 of the Code of Obligations, it is obliged to remedy this damage which is damaging to someone else by a flawed and unlawful act.
As a result of the traffic accident, the vehicle is covered by the insurance company within the scope of compulsory traffic insurance of the other party. However, if the accident is being processed for the damaged vehicle, the vehicle owner is asked to sell the vehicle. As a result, there is a difference in value between the same model brand and technique and the accident accident. In summary, the vehicle that has been damaged in the second hand market is not considered and the value of the sale is reduced and the value is lost.
If your vehicle has lost its value due to a traffic accident that has been damaged, you should open a vehicle compensation claim according to your defect rate. For example, the case which is caused by the accident and the owner of the vehicle that is 100% defective is rejected.
2-VEHICLE VALUE LOSS RESULT IN THE INDEMNIFICATION CASE:
As a result of a traffic accident, the value of the car compensation claims is an average of 9 months to 1.5 years.
If you have not rented a vehicle in the period you can not use your car, your vehicle is a commercial vehicle, you can use to compensate for the loss of the period you can not use.
3-THE VEHICLE VALUE LOSS REMEDIES
In the case of car depreciation compensation, the claim to the insurance company for compensation will, of course, be in favor of the claimant in terms of the solvency of the insurance company.
If the driver of the vehicle and the license holder are different in terms of compensation for the loss of value, a lawsuit may be filed against the driver and the license holder.
4-VEHICLE VALUE LOSS TO BE OPEN IN WHICH JUDGMENT
Pursuant to Article 2 of the HMK, in cases related to property rights, irrespective of the value and amount of the subject matter subject to litigation, the court of first instance is a court of first instance unless the court regulates the case.
Under the relevant regulation, the court will also be a court of first instance in the case of loss of value of the vehicle.
If the case of compensation against the insurance company to open the case of compensation in this case the court will be the Commercial Court of First Instance.
Again in the case of loss of vehicle value, the competent court will be determined in accordance with Article 16 of the HMK. Accordingly, the court of jurisdiction of the place where the wrongful act has been committed or where the damage has occurred or where it is likely to come is the court of jurisdiction.
5-DETERMINATION OF COMPARATIVE AMOUNT AND DEFECT IN THE LOSS OF VEHICLE VALUE:
In order to determine the defect rates of the parties and the loss of value in the vehicle, expert report is taken. The expert report is of great importance in terms of the fate of the case.
6-CAN THE PRE-ACCIDENT CASH EXCITEMENT CASE BE ACCESSED BEFORE?
If your vehicle has a damage record at a date prior to the accident, it may be rejected because of the fact that it is not possible to cause depreciation on the basis of this accident and the vehicle will be depreciated due to a previous accident. For this reason, it should be noted that the vehicle has an accident record and whether there is a change of parts before the opening of the case.
7-TIMELINE LOSS LOSS TIME
In the light of Article 72 of the Code of Obligations, the suitability for loss of assets can be filed within two years from the date of the occurrence of the incident or the occurrence of the accident. In addition, in the event of not knowing the damage and the accident in any case within 10 years from the date of the accident, the vehicle can be filed for loss of value, within the statutory limitation period. However, according to the way the boiler is formed, if the criminal laws provide a longer period of time, these periods are complied with.
B-) APPLICATION TO INSURANCE ARBITRATION COMMISSION:
Article 30 of Insurance Law No. 1.5684 ’im lığı lığı lığı im im’ k ’’ ’’ ’’ ’’ ’’ ’. Accordingly, the person who is in conflict with the members of the insurance arbitration system may benefit from the arbitration procedure even if there is no special provision in the contract. In order to apply to the insurance arbitration commission, the relevant insurance company must be a member of the Insurance Arbitration System. The number of members is increasing day by day. However, the right holders may benefit from the arbitration procedure in accordance with the provisions of this section, even if the relevant institution is not a member of the insurance arbitration system for the disputes arising from the insured insurance. Vehicle depreciation indemnity is the direct financial loss that must be compensated within the scope of compulsory traffic insurance.
No application may be made to the Commission on disputes that have been submitted to the Arbitration Committee of the Consumer Problems in accordance with the Court and the provisions of the Law on Consumer Protection.
2. In order to apply to the Insurance Arbitration Commission, it is first necessary to apply to the related insurance company for the loss of value. If the insurance company does not respond within 15 days, or if the answer is not in part or in whole, it is necessary to apply to the Insurance Arbitration Commission. In this case, the Insurance Arbitration Commission is referred to the insurance company. he must have made the necessary applications to the organization and must have documented that his request was partly or completely negative. The fact that the insurance organization does not respond in writing within fifteen working days from the date of application is also sufficient for application to the Commission.
3. The application of the person who is in conflict with the insurance organization is first examined by the rapporteurs. Rapporteurs must complete their examination within fifteen days at the latest. Applications not resolved by the rapporteurs shall be submitted to the insurance arbitrator. The insurance arbitrator, who will refer to the dispute, shall be selected by the Commission from the list of insurance referees. The Commission may decide to establish a committee of at least three insurance arbitrators, depending on the nature of the work. However, in cases where the amount of dispute is over fifteen thousand Turkish Liras and above, the formation of the delegation is mandatory. The committee usually gives its decision. The referees only decide on the paperwork given to them. The selected insurance judge cannot refuse the duty except for force majeure and unexpected circumstances. However, the parties may refuse the judge based on the reasons for the refusal of the judge in the Law on Civil Procedure. The request for refusal is made to the Commission by a petition no later than five working days from the date of learning of the situation. Upon the request of the refusal, the Commission Director shall decide within five working days at the latest after hearing the views of the two parties.
4. The judges shall be obliged to decide within four months at the latest from the date of their appointment. Otherwise, the dispute shall be settled by the competent court. However, this period may be extended by the express consent of the parties. The arbitrator delivers his decision to the Commission manager. The decision of the Commissioner shall be notified to the parties within three working days at the latest; also the original file of the decision is sent to the court where the Commission is located and kept in court.
5. The decisions of the arbitrators of disputes under five thousand Turkish Liras are final. Against the arbitral awards of five thousand Turkish Liras and more on the decision of the Commission against the decision of the Commission within a period of ten days from the notification to the Commission may be objectionable to the Commission. On the appeal, the decision of the referee stops. The request for objection shall be examined exclusively by the arbitral tribunals established by the Commission to examine these requests. The decision on objection shall be decided within two months following the transfer of the work to the delegation. The decisions of the arbitrators of disputes over five thousand Turkish Liras and more shall be finalized in accordance with this article unless the objection is filed in time. An appeal may be filed against the disputes over forty thousand Turkish Lira. The Law on Civil Procedure shall apply to the procedures and principles regarding appeal.
6. An application fee is applied from the applicants to the Insurance Arbitration Commission. the amount of the dispute amounted to TL 100 for the applications up to TL 5.000, the amount of the dispute amounted to TL 5.001 to 10.000 TL; The application fee (at least 350 TL) must be deposited from the Ziraat Bank branches through the institution’s collection program to the Insurance Arbitration Commission account.
7. Application form must be filled and signed with wet signature. It is possible to apply to the Insurance Arbitration Commission in person or by mail. Arbitrators may hold hearings if deemed necessary.
APPLY THE FOLLOWING ARBITRATION COMMISSION:
Wet signed application form
Applicants must have a valid identification document (ID card, driver’s license etc.).
Example of bank receipt for payment of application fee
The document proving that the insurance company has not responded in writing at the end of 15 days (15 days in traffic insurance) after the final reply letter or the application has been signed by the company authorities, which has concluded the application partially or completely negative (notary notice, registered mail or cargo receipt, insurance document showing the date of registration.
The statement that shows the details of why the response received from the insurance company did not meet the demand and the statement of what was requested by the application to the commission.
Attorney in the form of proxy attorney receipt and baroque stamp applications.
JUDGMENT 4 JUDGMENT OF E. 2001/12342, K. 2002/3124, T. 18.3.2002 decision:
The case is a request for compensation arising from a traffic accident and it is assumed that there will be no loss of value in the vehicle belonging to the plaintiff based on the expert report. After the vehicle has been repaired, it is necessary to accept that the value of the exchange (fair) will be less than the exchange value before the event. Even if it is completely repaired, this car carries traces of damage. The repaired value is lower than the value of the vehicle which is not damaged, which is the same as the rule, no matter how well repaired it is, and it loses its current value as The case is a request for compensation from the traffic accident and the court has adopted that the plaintiff’s vehicle will not be depreciated on the basis of the expert report, If the value of the asset is less than its value in case the damaging event does not occur, there is a loss. Indeed, if something is destroyed or damaged, the objective value must be taken as the basis for determining objective damage. This is the value of exchange.
11/01/2017
In the case of damages caused by traffic accidents, the party responsible for the damage is responsible for the actual damage. … The company that insures the loss-taker with compulsory financial liability insurance is responsible for the actual loss of the harming and the harm. In the face of the fact that the damage of the vehicle damaged in the traffic accident will be repaired after the repair, the vehicle’s depreciation in the vehicle due to the accident is considered to be in actual loss and both the damage and the arac company are responsible for this damage.
In the concrete incident, the plaintiff asked the defendants to collect the depreciation of the vehicle due to an accident in the vehicle. The court decided to refuse the case for the defendant ından company because the defendant insurance was not responsible for the loss of the vehicle. The applicant did not appeal the decision.
For the reasons explained above, ine company is responsible for the defect to the maximum policy limit from the actual damage caused by the accident. The loss of value in the vehicle is also real and direct damages. In this case, the decision of the defendant Ş, together with the other defendant, should be decided in the form of the determination of the responsible decision without an executive decision. It is not correct to decide on the responsibility of the defendant only by deciding the rejection.
YARGITAY17. LAW OF LAW. 2015/6486. 2017/12264
28/12/2017
In this case, the vehicle model, brand, characteristics, damage, repair operations, kilometers, the date of the incident, plaintiff’s claims, defendant’s defenses and the entire file coverage together with the car’s undamaged second-hand market fair value of the accident before the accident occurred and repaired the determination of the loss of value according to the difference between the market value of the next second hand, the elimination of the contradictions in the direction of elimination of the contradictions detailed, reasoned and a new report open to the audit, then all the evidence in the file evaluated together, appropriate to the audit and judgment to be taken according to the results of the decision to be made the provision of written provision was not correct.
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